Those words in the dissent would work as a nice template for a human right:
The government could not control a human’s body or the course of a human’s life: It could not determine what the human’s future would be. Respecting a human as an autonomous being, and granting them full equality, meant giving them substantial choice over their most personal and most consequential of all life decisions.
It is very clear from the text that the decision to have a child is more than just the pregnancy or the birth. It is also about the life-transforming consequences, the childcare and the time and money to raise a child. It is about the social impact and the lives that such choice impact.
All those belong in a human right where willing consent of parenthood should be in focus.
Yes and: The pedantic nature of our adversarial system really bothers me. The focus on very narrow circumstances and edge cases. It prevents reaching reasonable outcomes.
There are always dilemmas and paradoxes. The proper job of the Court is to find the middle path. Consider the whole system and strike a balance. Arbitrate an acceptable consensus.
And that requires mitigating a decision's downsides.
That was the approach of the German Courts. In addition to proscribing the rules around abortion, they also put into place structures to reduce the need for abortions, improving the health and well being of all women and children.
The government could not control a human’s body or the course of a human’s life: It could not determine what the human’s future would be. Respecting a human as an autonomous being, and granting them full equality, meant giving them substantial choice over their most personal and most consequential of all life decisions.
It is very clear from the text that the decision to have a child is more than just the pregnancy or the birth. It is also about the life-transforming consequences, the childcare and the time and money to raise a child. It is about the social impact and the lives that such choice impact.
All those belong in a human right where willing consent of parenthood should be in focus.